§ 2-5-206A. Motion for certification as juvenile--Certification study--Guidelines
Oklahoma Statutes AnnotatedTitle 10A. Children and Juvenile CodeEffective: November 1, 2022
Effective: November 1, 2022
10A Okl.St.Ann. § 2-5-206A
§ 2-5-206A. Motion for certification as juvenile--Certification study--Guidelines
A. 1. When the attorney for the accused person determines there is good cause to believe the accused should have been charged as a delinquent and not as youthful offender, the attorney for the accused shall file a motion for certification as a juvenile. The motion for certification as a juvenile shall be filed prior to the start of the preliminary hearing. No motion for certification as a juvenile may be filed after the preliminary hearing has begun.
2. If a motion for certification as a juvenile has been filed, the court shall order a certification study to be conducted, unless waived by the accused with the approval of the court. Any such certification study shall be completed by the Office of Juvenile Affairs. Upon ordering the certification study, the court shall determine if the parent, guardian, next friend, or other person legally obligated to care for and support the child has the ability to pay costs for the study and if so, the court may order payment of such costs to the Office of Juvenile Affairs in an amount not to exceed One Thousand Dollars ($1,000.00). The court shall set a reasonable date for the payment of the fee due to the Office of Juvenile Affairs for the completion of the certification study. In hardship cases, the court may establish a payment schedule.
C. The court, in its decision on a motion for certification as a juvenile, shall issue a written order and prepare detailed findings of fact and conclusions of law as to each of the considerations in subsection B of this section, and shall state that the court has considered each of the guidelines in reaching its decision.
Credits
Laws 2022, c. 375, § 6, eff. Nov. 1, 2022.
10A Okl. St. Ann. § 2-5-206A, OK ST T. 10A § 2-5-206A
Current with emergency effective legislation through Chapter 295 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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